IS VIOLATION OF A PROTECTIVE ORDER A CRIME IN VIRGINIA?

IS VIOLATION OF A PROTECTIVE ORDER A CRIME IN VIRGINIA?

ANSWER: YES!

Pursuant to § 18.2-60.4 of the Code of Virginia, any person who violates any provision of a protective order issued pursuant to § 19.2-152.8, 19.2-152.9 or 19.2-152.10 is guilty of a Class 1 misdemeanor. The penalty is up to one year in jail and/or $2,500 fine. For repeat offenders the penalties increase and may include a Class 6 felony conviction with mandatory confinement. Additionally, if the person commits an assault and battery upon the person protected by the protective order resulting in serious bodily injury, the person is guilty of a Class 6 felony. Similarly entering the home of a person protected or remaining in the home for the protective person bumps the crime to a Class 6 felony. Finally, any conviction will result in a mandatory protective order under § 19.2-152.1. (So even if the initial protective order would have been dismissed, violation and conviction for violating that order will definitely result in a protective order being entered for a specific period not exceeding two years.) Anytime a person is facing the imposition of a protective order or a charge for violation of a protective order counsel should engage counsel for any such matter in Richmond, Chesterfield, Henrico, Hanover, Goochland, Colonial Heights, Hopewell or Petersburg.